Last week the Sixth Circuit Court of Appeals refused to preliminarily block the federal contraceptive rule in a case brought by a health food company, Eden Foods. The company argued that the federal rule that requires the inclusion of contraceptive coverage in health plans violates its religious liberty.
The decision follows another Sixth Circuit ruling from last month in a case called Autocam v. Sebelius. In that case, the court held that a for-profit corporation was not likely to succeed on its challenge to the contraception rule.
The Eden Foods case was decided by three different judges than Autocam, and notably the court said that even if the Autocam decision had not been issued, it would “not have ruled differently” in Eden Foods.
We have filed briefs in Eden Foods, and many more, arguing that the federal contraception rule does not substantially burden the company’s religious beliefs. Providing employees with a benefit – like paying their salary – that some employees may use to obtain health care that their employer finds objectionable, does not infringe on the company’s religious beliefs. While religious liberty is a fundamental right, the courts have not allowed religious beliefs to be used to deny others benefits or services or to be used to discriminate against others.
It is also truly ironic that a health food company would try to take away health care coverage from its employees.
We are watching all of these cases carefully and anticipate that we will see decisions from other federal courts of appeals soon. Also, the Supreme Court could soon decide whether to take one of these cases for review. Three petitions have been filed with the Supreme Court, including one from the Autocam plaintiffs. Another petition was filed by Conestoga Wood Specialties Corporation, after its request to block the law was denied by the Third Circuit. The other petition was filed by the federal government in response to a contrary ruling by the Tenth Circuit in a challenge filed by a craft supply chain, Hobby Lobby. We hope that the other courts of appeals, and the Supreme Court, recognize that religious beliefs cannot be used to deny women health care coverage.
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